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AMENDMENT TO H.R. 2223

advertising, leased channels, and cable-casting

3.. Chapter 8 of H.R.2223 provides for a copyright

for which a per-program or per-channel charge

Tribunal, which is a mechanism for periodic review of CATV'S

is made and by subscribers"

fees.

The first readjustment would take effect within 18

months after the Act became law, and then every five years

thereafter.

This infinite arbitration provision could

result in a hefty increase in CATV's copyright fees over

the years. CATV's fee should be set in the bill and not be

subject to change except by future legislation. This axens

ment deletes CATV fees from those that can be reviewed

periodically by the Copyright Tribunal.

On page 58, line 33, strike out "sections 111 and

insert in lieu therof "section".

On page 58, line 34, strike out "and" and all that

follows down through "fee" on page 59, line 7.

on page 59 beginning on line 13 strike out "sections

111 and" and insert in lieu thereof "section".

On page 59, line 17, insert "section 115 of"

immediately before "this title".

On page 16 beginning on line 9, strike out the

following:

"irrespective of source and separate stateme

of the gross revenues paid to the cable system

advertising, leased channels, and cable-casting

for which a per-program or per-channel charge

is made and by subscribers"

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basic cable service, portions of Section 111 and Chapter e

*** to file copyright infringement suits.

This would appea

raise the spectre of copyright fees also being based in se

ser such things as accidental carriage of programs which

future on revenues from other sources.

This is clearly

: have been blacked out by the cable system under the

improper since copyright is and will be paid for product

prication or syndicated exclusivity rules.

In additio

used in such other services as local program originat 10p,

** ne faisance value of these suits, the statutory damages

leased channel operations and pay cable.

In the event

datorrey's fees could cause substantial expense. Violat

periodic review of CATV fees remains in the bill, this

: ** pec's rules should be brought to the agency, not to t

amendment will eliminate the above possibility.

***by a broadcaster. Thus, the amendment deletes the

Dateaster's right to sue the cable operator.

The true

On page 59, beginning on line 2, strike out

7.she owner's right to sue for infringement remains inti

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"or the revenue basis in respect to section 111.

On page 59, beginning on line 6, strike out 03

the revenue basis on which the royalty fee shall be

assessed or both."

AMENDMENT TO H.R. 2223

5. Chapter 5 of H.R.2223 contains the remedies for

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to cover such things as accidental carriage of programs which

should have been blacked out by the cable system under the

non-duplication or syndicated exclusivity rules. In addition

to the nuisance value of these suits, the statutory dar ages

and attorney's feer could cause substantial expense. Violations

of the FCC's rules should be brought to the agency, not to the

courts by a broadcaster.

Thus, the arendrent delete the

broalcaster's right to sue the cable operator.

The true

cory right owner's right to sue for infringerent rrrains inta, t.

On page 47 strike out line 18 and all that

follows down throuh line 25.

AMENDMENT TO H.R. 2223

AMENDMENT TO H.R. 2223

6. Governmental and non-profit translators are

1. There is some language in Section 111 which leaves

exempt from copyright under section 111 (a) (4) of H.R.

se cable operator's liability for copyright on leased

This amendment would delete that section.

trse is somewhat ambiguous.

It seems clear that a cable

senter is like a common carrier in those situations and

On page 14, line 18, strike out ";or" and insert

therefore only the lessee should bear copyright liability.

a period in lieu thereof.

.. anen trent clarifies a CATV operator's liability for

modright on leased channels.

On page 14, strike out line 19 and all that

follows down through line 25.

on page 14, beginning on line 8, strike out "a

common, contract, or special" and insert in lieu

thereof "any".

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